National Right to Work Legal Defense Foundation Syndicate content

Foundation Attorneys Defend Airline and Railway Workers from Union Boss Sneak Attack

Union bosses want to their unions to be akin to roach motels:  Easy to check in, but impossible to check out.

On Monday, National Right to Work Foundation Vice President Raymond LaJeunesse presented the perspective of independent-minded workers at the National Mediation Board's (NMB) hearing on proposed changes to labor regulations under the Railway Labor Act (RLA) that would enable union organizers to corral tens of thousands of non-union railway and airline industry workers into union membership.

Unfortunately, the NMB -- the government agency charged under the RLA with mediating labor disputes within the railroad and airline industries -- voted 2-1 to consider dramatic changes concocted by the bosses of the AFL-CIO union and 30 other unions. The changes would dictate a new system in which just a majority of workers affirmatively voting in a union organizing election to impose unionization on the whole collective bargaining unit.  The current system requires union organizers to obtain the consent of a true majority of workers in a given bargaining unit to accept their "exclusive representation."

The Foundation's vice president and legal director argued before the NMB that the proposed changes further stack the deck against independent-minded workers who must compete against Big Labor’s well-funded, professional organizing machine -- operating across entire, often-nationwide bargaining units -- to secure their right to be free from union boss "representation." The proposed scheme imposes a greater burden on employees who wish to refrain from union membership by forcing them to either take affirmative action to protect rights that should already be secure -- or otherwise allow far less than a majority of their colleagues take away their independence.

Furthermore, Foundation attorneys also argued that the NMB needs establish a formal process under the RLA for workers wanting to remove a union as their monopoly bargaining agent as required under Foundation-won precedent in U.S. federal court.

To read the Foundation's statement, click here.

UPDATE: On December 29, Foundation attorneys filed formal comments to the NMB. In them, the Foundation argued key four points:

  • The NMB lacks the authority to make the proposed changes, only Congress does.
  • The NMB's application of the definition of what makes a monopoly bargaining unit makes it virtually impossible for independent-minded employees combat professional union organizers.
  • Workers who have no interest in union membership are forced to take action to oppose the union bosses' "representation."
  • It is extremely difficult for employees to remove a union, especially so because the NMB has not established a procedure to allow workers to terminate a union hierarchy's monopoly bargaining privileges.

For these reasons, Foundation attorneys argue that the NMB should reject the proposed changes just as they did as recently as 2008.  To read the formal comments, click here.

Michigan Worker Asks U.S. Supreme Court to Halt UAW Policy of Religious Discrimination

News Release

Michigan Worker Asks U.S. Supreme Court to Halt UAW Policy of Religious Discrimination

Right to Work attorneys challenge union officials’ violation of worker’s civil rights

Washington, DC (December 15, 2009) – With free legal assistance from the National Right to Work Foundation, a western Michigan auto worker is asking the U.S. Supreme Court today to review a United Auto Workers (UAW) union policy intended to stymie workers’ religious objections to the union bosses’ agenda.

Jeffrey Reed, a resident of Bridgman, Michigan, assembles vehicles for AM General. Because his workplace is unionized, he works under a monopoly bargaining agreement which forces him either to join the UAW or pay compulsory union fees to it in order to keep his job. However, Reed, a devout Catholic, believes financially supporting the UAW union violates his sincerely-held religious beliefs due to the union hierarchy’s support for special rights for homosexuals and abortion-on-demand.

Under Title VII of the Civil Rights Act of 1964, union officials may not force any employee to financially support a union if doing so violates the worker’s sincerely-held religious beliefs. The statute requires union officials to attempt to accommodate the worker – most often by redirecting the mandatory union fees to a mutually agreed upon charity – to avoid the conflict between an employee’s faith and a requirement to pay fees to a union he or she believes to be immoral.

However, because Reed is refraining from full dues paying union membership based on his faith, UAW union bosses forced him to pay a $100 premium and continue to pay 22 percent more than the amount workers who object on non-religious grounds must pay. Both full UAW members and secular objectors are allowed to pay an amount less than full dues if they wish to cut off the use of their union dues for political activities.

(Read the full press release)

Will Workers Be Barred From Opposing AFL-CIO's Stealth Attack on Railway and Airline Workers?

Recently, the National Right to Work Foundation sounded the alarm about an under-the-radar attempt by Big Labor to make dramatic changes to labor regulations under the Railway Labor Act (RLA), enabling union organizers to force independent-minded railway and airline industry workers into unwanted union membership.

Big labor partisans from over 30 unions, led by AFL-CIO, pushed to change the current system requiring union bosses to obtain the consent of a true majority of workers in a given bargaining unit to accept their "exclusive representation."  Instead, they want a new system that allows just a majority of workers actually voting in a union organizing election to impose unionization on the whole group -- thereby giving union officials the upper hand over workers who would otherwise decline union affiliation.

Unfortunately, the National Mediation Board (NMB), the government agency charged under the Railway Labor Act with mediating labor disputes within the railroad and airline industries, voted 2-1 to discard 75 year old precedent and assist Big Labor in maximizing unionization of workers under the jurisdiction of the RLA.  Right to Work litigators sprung into action filing formal comments defending independent-minded workers against the NMB's draconian maneuver.

Now the Foundation has requested to testify at the NMB's December 7, 2009 hearing on the proposed policy changes.  Naturally, the Foundation -- as America’s preeminent workers’ rights advocacy organization -- is in a unique position to provide the needed perspective of individual workers opposed to forced unionism.

Given the opportunity, Foundation attorneys will point out that the proposed changes makes it exceedingly difficult for independent-minded workers to resist Big Labor’s well-funded, professional organizing machine -- operating across entire, often-nationwide bargaining units -- and imposes a greater burden on employees who wish to refrain from union membership by forcing them to either take affirmative action to protect rights that should already be secure or otherwise allow far less than a majority of their colleagues take away their independence.

AFL-CIO Launches Sneak Attack on Nation’s Non-Union Railway and Airline Workers

News Release

AFL-CIO Launches Sneak Attack on Nation’s Non-Union Railway and Airline Workers

National Right to Work opposes union officials’ quiet efforts to grease the skids to impose forced unionism at non-union workplaces

Washington, DC (November 3, 2009) – America’s preeminent workers’ rights advocacy organization raised the alarm about an under-the-radar attempt by the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) and 30 other unions to make a dramatic change to labor regulations, enabling union organizers to corral tens of thousands of non-union railway and airline industry workers into union membership.

Yesterday, the National Mediation Board (NMB), a government agency charged under the Railway Labor Act with mediating labor disputes within the railroad and airline industries, voted 2-1 to preliminarily support the controversial changes. The National Right to Work Legal Defense Foundation sent a letter objecting to the AFL-CIO union’s proposals and the NMB is requesting comments on the proposed changes. The Foundation will file formal comments in the coming days.

The AFL-CIO union bosses’ proposal urges the NMB to discard its policy of requiring a true majority of all workers within a collective bargaining unit to decide for themselves if they wish to be represented by a union – a 75-year-old precedent – and instead implement new procedures that require only a majority of workers actually voting in a union organizing election to make that decision for the whole group.

(Read the full press release)

Fort Jackson Security Guard Takes Courageous Stand Against Repeated Union Boss Threats and Abuses

News Release

Fort Jackson Security Guard Takes Courageous Stand Against Repeated Union Boss Threats and Abuses

National Labor Relations Board agents investigate charges after Right to Work Foundation attorneys join worker’s efforts

Columbia, South Carolina (October 30, 2009) – A local employee of Wackenhut Services, Inc, a security service provider contracted with Fort Jackson, is fighting back against compulsory unionism after union officials illegally attempted to have him fired from his job for refusing to pay forced union dues.

In September 2008, Ronald I. Paul filed unfair labor practice charges with the National Labor Relations Board (NLRB) challenging Wackenhut and International Union, Security, Police and Fire Professionals of America (SPFPA) and its affiliated Local 339 union bosses after Wackenhut fired him in August 2008 for refraining from formal, dues paying union membership. The charges were eventually settled in December of 2008 and Paul continued his employment.

Starting in May 2009, in violation of the settlement, the employer and SPFPA union officials issued new threats against Paul’s job.

(Read the full press release)

Obama Administration Ethics Coverup? Right to Work Foundation Responds to Labor Department Stonewalling

After President Barack Obama made numerous promises for a more transparent government, the Department of Labor (DOL) has, for nearly six months, hidden Big Labor insiders Hilda Solis and Deborah Greenfield activities from National Right to Work Foundation President Mark Mix's Freedom of Information Act (FOIA) request.

Witnessing the Administration's corrupt Big Labor political paybacks, the Foundation swiftly sprang into action requesting all documents showing exchanges between Labor Secretary Hilda Solis and union bosses and all documentation regarding policy enforcement concerning Big Labor, the pro-compulsory unionism group American Rights at Work, and ACORN.  The Foundation also seeks all documents showing communications between AFL-CIO union lawyer Deborah Greenfield and her former bosses.

Greenfield, a member of Obama's presidential transition team, is a high-ranking official inside Obama’s Labor Department. One item sending red flags is the fact that Greenfield is an AFL-CIO lawyer in a lawsuit challenging DOL union disclosure rules -- the very disclosures that the Obama Administration intends to end.  Greenfield and her fellow union partisans have fought for and succeeded in rolling back union disclosure rules that provide details to rank-and-file workers about the use and misuse of their forced union dues.

Freedom@Work readers may remember that the Foundation filed its disclosure demand (pdf) in April.  Foundation attorneys are now reiterating that demand and gearing up to litigate if necessary.  (To view a pdf copy of the appeal, click here.)

Upon entering office, President Barack Obama claimed his Administration would be transparent -- but his Administration's behavior has failed to keep the President’s word.  The Obama Administration's delay in this particular raises questions that DOL may be attempting to cover up some embarrassing ethics violations.

You can watch the Foundation's video regarding the original FOIA request here on our Youtube.com channel.

Employees File Federal Class Action Suit to Halt Abusive Mandatory Union Dues Scheme

News Release

Employees File Federal Class Action Suit to Halt Abusive Mandatory Union Dues Scheme

Right to Work Foundation helps employees challenge national union’s illegal “annual objection” policy

Aberdeen, MD (September 21, 2009) – Today, two employees filed a class action federal suit challenging the International Association of Machinist and Aerospace Workers (IAM) union’s nationwide policy requiring employees to object year after year to paying union dues they cannot be lawfully forced to pay.

With free legal aid from the National Right to Work Foundation, Jacobs Technology Incorporated employees Rick Gorham and Robert Negosta are challenging the IAM union officials’ scheme intended to thwart non-union members’ legal rights to refrain from paying union dues for union electioneering and other non-bargaining activities. Foundation attorneys filed the complaint in Maryland’s U.S. District Court on behalf of the two employees and all of Jacobs Technology’s other similarly-situated employees.

In the Foundation-won Communication Workers of America v. Beck (1988), the U.S. Supreme Court held that union officials can lawfully compel nonmembers to pay union dues as a job condition, but not the part of dues spent for non-bargaining activities like political activism, lobbying, and member-only events. However, these limited rights have been difficult to enforce, as union officials often concoct illegal schemes such as these “annual objection” policies to burden or thwart employees from exercising their rights.

(Continue reading this news release...)

Right to Work Experts in the News: Labor Day Highlights Injustices of Compulsory Unionism

Experts from the National Right to Work Foundation and Right to Work Committee took to the airwaves and opinion pages across America to remind us what Labor Day is really about —  the individual worker.

Mark Mix, president of National Right to Work, reminded Americans that "It's 'Labor' Day, Not 'Union' Day" in his nationally published op-ed which appeared in over 20 newspapers across the country.  In his article, Mix offers a stouthearted rebuke to the usual union boss propaganda which has become commonplace on Labor Day:

This Labor Day, big labor bosses will dish out their usual Labor Day propaganda about how awful our lives would supposedly be without them.  The reality is that millions of workers and indeed our economy are continuing to suffer greatly under the scourge of compulsory unionism.

...

Labor Day should be about honoring the hardworking Americans who make our country’s economy prosper — not union bosses who rely on forced unionism privileges for personal and political gain.

Mark Mix also took to the airwaves, appearing on The Dom Giordano Show, The Martha Zoller Show, and the national CBS radio network.  He also appeared on WFTL Morning News the morning after Labor Day.  Meanwhile, Mix's Labor Day statement was aired on at least 10 radio stations in Right-to-Work states and forced-unionism states alike. 

Mix was also published in the Detroit News discussing how union boss monopoly bargaining is bankrupting Detroit’s public schools -- pointing out the reality that "[t]he Detroit school district would be much better off if state legislators and [Michigan] Gov. Jennifer Granholm repealed or dramatically rolled back state policies promoting union monopoly bargaining in public schools."

Mix also was published on National Review Online exposing the stunning resemblance forced unionism has to the launching of President Barack Obama's political career:

Why is Obama so comfortable with this coercive approach to workplace organizing? Perhaps because his political career was launched under similar circumstances. Few remember it now, but Obama’s electoral debut came in 1996, when he won a seat in the Illinois state legislature. “Won” is a bit of a misnomer, however, as candidate Obama ruthlessly eliminated his opponents by disqualifying signatures collected for ballot eligibility.

As former National Review political reporter David Freddoso detailed in his 2008 book on Obama, voters’ signatures were thrown out for a variety of spurious reasons, including one woman’s failure to list her married name instead of her maiden name. Other voters were struck from the lists for printing instead of signing their names on the eligibility petitions. Obama not only had his main opponent disqualified, he also succeeded in forcing a protest candidate off the ballot. Obama has personally admitted he felt “uncomfortable” with this hardball political tactic, but success has evidently allayed any guilt. After his opponents were disqualified, Obama won a seat in the state legislature by default.

...

In 1996, Obama’s team of political operatives succeeded in bypassing an entire election. President Obama now seeks to end elections in every workplace in the country. He has already issued a series of executive orders designed to pressure government contractors to submit to compulsory unionism. Next up on the administration’s checklist: rolling back basic union financial-disclosure guidelines. Forced unionism via card check may not be far behind.

Under card check, employees would have only one choice: submit to unionization and forced union dues. As some Chicago voters discovered in 1996, having only one choice is not a real choice at all.

 

The National Right to Work Committee also capitalized on the Labor Day holiday to spread the message of individual liberty.  Committee Vice President Doug Stafford appeared on the Lars Larson Show on the lead up to Labor Day.  Stafford also sat down with the Pittsburgh Tribune-Review to talk of the dangers of card check forced unionism and Big Labor's political muscle.

The effort for workplace freedom continues.  National Right to Work will continue to expose the evils of compulsory unionism as we work toward a day in which no American if forced to be a member of, or pay tribute to, an unwanted union.

Employees Force Settlement in Precedent-Setting Federal Union Racketeering Lawsuit

News Release

Employees Force Settlement in Precedent-Setting Federal Union Racketeering Lawsuit

Right to Work Foundation uses innovative legal techniques after company and union officials collude to enrich union bosses

Phoenix, AZ (July 22, 2009) – With free legal aid from the National Right to Work Legal Defense Foundation, five Phoenix-based employees who refrained from formal dues-paying union membership forced a settlement with the defendants in a federal lawsuit laying out how union agents conducted a corrupt scheme to divert sales commissions from the employees to union officials.

National Right to Work Foundation attorneys used the Racketeering Influenced and Corrupt Organizations Act (RICO) anti-corruption statute (establishing new legal precedent in the process) and the Labor Management Relations Act (LMRA) to attack a scheme allegedly orchestrated by Qwest Communications and Dex Media, publisher of the yellow pages phone books, and International Brotherhood of Electrical Workers (IBEW) Local 1269 union bosses.

Evidence discovered in the lawsuit showed that IBEW Local 1269 union officials manipulated company procedures to receive greater compensation at the expense of the nonunion plaintiffs. Some of the methods used to increase the union agents’ compensation included reassigning accounts from nonunion employees to union officials, giving union agents “double commissions” for sales made by other workers, and allowing union officials to regularly sell lucrative “group ads” while denying similar opportunities to nonmember employees. By knowingly aiding union agents as they manipulated company rules to increase their performance-based pay, Qwest and Dex were accused of bribing union officials to act against workers’ interests in bargaining negotiations.

(Continue reading this news release...)

Seven Employees Force Settlement with Teamster Local Union Brass

News Release

Seven Employees Force Settlement with Teamster Local Union Brass

Right to Work Attorneys help employees after union officials levy more than $200,000 in confiscatory fines

Chicago, IL (May 29, 2009) – With free legal aid from the National Right to Work Legal Defense Foundation, seven employees who refused to abandon their jobs during a strike forced a settlement with a local union after union officials levied exorbitant and illegal retaliatory fines against them.

The employees, truck drivers for industrial laundry company Lechner and Sons, filed unfair labor practice charges with the National Labor Relations Board (NLRB) against Teamsters Local Union 731, an affiliate of the International Brotherhood of Teamsters union, after Local 731 union officials hit the employees with fines ranging from $13,946 to $40,000 each for not abandoning their jobs during a strike. None of the employees were truly voluntary members of the union during the strike.

In July 2006, Local 731 union bosses ordered the employees to abandon their jobs during a so-called “sympathy strike” involving a different bargaining unit of workers at the plant where the strike occurred. After the strike ended in June 2007, union brass claimed the power to use fines to discipline non-striking employees.

(Continue reading this news release...)

(Click here to see a copy of a Teamsters Local 731 strike fines notice in which Teamster union bosses claimed the power to use $40,000 worth of fines to discipline one of the non-striking employees.)


Terms of Web Site Use      Related Links: National Right to Work Committee | National Institute for Labor Relations Research

Copyright © 2010 National Right to Work Legal Defense Foundation
 National Right to Work Legal Defense and Education Foundation, Inc.
8001 Braddock Road / Springfield, Virginia 22160
(703) 321-8510 | (800) 336-3600 / (703) 321-9613 fax - general (703) 321-9319 fax - legal department